Unit 6 - Judicial Branch Flashcards
established the court system
Article III
established the rights at a trial
6 Amendment
established the rights to a jury trial
7 Amendment
established jurisdiction
11 Amendment
Article III
the court system is established
6th Amendment
rights at a trial
7th Amendment
right to a jury trial
11th Amendment
jurisdctino (2 people in different states are suing each other: it goes to federal court
federal setup
1) Supreme Court
2) Court of Appeals (13 circuit courts)
3) District Courts (94 district courts)
types of jurisdiction
original and appellate
original jurisdiction
initial hearing of a court case
appellate jurisdiction
review of a lower court hearing
justices
- no job requirements for federal judges
- most are appointed for life
number of SC justices
9
number of appeals justices
approximately 150
number of district judges
approximately 650
appointment process of justicies
1) President nomination
2) Senate confirmation (majority required)
removal process of a justices
- impeachment
- resignation
- death
Attorney General
secretary of the Department of Justice (nation’s top lawyer)
Solicitor General
represents the government before the Supreme Court
US Attorney
prosecutes people charged with federal crimes
US Marshals
make arrests in federal cases
arrest
- without a warrant,police must have sufficient facts to convince a reasonable person that a crime has been commietted to make an arrest
- with a warrant: a)based on probable cause b)warrant attained from a judge
- Miranda Rights must be applied
Preliminary hearings
informal hearing before a judge to determine if sufficient evidence exists to have a suspect bound over for trial (should there be a trial and if yes, what is bail?)
8th Amendment
bail cannot be excessive
situations bail can be denied
- first degree murder (risk to self/community)
- “poor risk” of returning for trial
Grand Jury
- 5th Amendment right
- generally composed of 23 members
functions of a Grand Jury
- determines whether a crime was committed
- determines whether, based on evidence, the suspect could have committed the crime
- 12 members (majority) must agree to return an indictment (formal accusation)
arraignment
bringing the accused before the judge to be formally charged
plea
accused may plead guilty, not guilty, or no contest (“I didn’t do it, but the evidence is overwhelmingly against me so take pity on me judge”)
6th Amendment
guarantees a public and speedy trial, right to confront accusers, right to call witnesses on your behalf, and right to know the charges youve been accused of
what constitutes a jury?
12 peoples
verdict
- requires a unanimous voice
- not guilty: defendent goes free
- guilty: beyond a reasonable doubt standard
- mistrial jury gives no verdict; prosecutor can decide to drop the case or try again
sentencing
done by the judge expt in cases of murder and rape where the jury determines the sentence
appeal
a person is not satisfied with the justice the court has dispensed may attempt to correct the situation
Appeals court
Consists of 3 judges
Actions of appeals court
1) affirm (uphold courts original decisions
2) reverse (nullify trial court results, go home)
3) remanded (sent back to trial court to be redone)
Civil trial
Legal action between and individual/company (suing)
Plaintiff
Person/company initiating an action in the legal process
Defendant
Person/company being sued
Trial process
- Complaint files
- Complaint answered
- Discovery
- Pretrial motions
- Trial
- Judgement
Complaint files
Plaintiff files complaint detailing the injury suffered, negligence of defendant, and courts remedy ($)
Complaint answered
Defendant has opportunity to legally respond to accusations
Discovery
Attempt to establish all facts of events before the event; deposition taken
Deposition
Statements of all witnesses and parties involved in trial
Prerial motions
- Establishment of who will hear trial; jury or judge (always jury)
- summary judgement
Summary judgement
Both sides attempt to have the judge dismiss/rule on facts of the case established
Judgement
- burden of proof
- compensatory v. Punitive damage
Compensatory damage
Damages for realized expenses (doctors bill etc)
Punitive damage
Damages to punish defendant for wrongdoing
